criminal justice is not conclusive to this environment. >> clayton: would you need to show that the suspect was abouting on behalf of foreign power or in capacity as a military combatant to try him in a military trial? >> that is correct or treat him, put him in military system. we have don't have all the facts but the arguement is this. his older brother was inducted in al-qaeda affiliateddentity while he was being trained in russia. he came back and inducted his own brother. not all the facts on the table but what is troubling to me and senator whose statement you read is the administration is utterly uninterested in exploring this. they want the option off the table. instead of waiting for days or a couple of weeks until all the facts are in. i will be the first one to say if the facts don't support the classification as enemy combatant we should not do that, but we should not rush the process to give benefit of treating it as enemy combatant. >> clayton: what stood out to me the president's comments we're safe. we got him there. seemed to be a sense of wait a second, do we know all of t